|
THE SENATE |
S.B. NO. |
1401 |
|
THIRTY-SECOND LEGISLATURE, 2023 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THE ELECTRIC BICYCLE AND ELECTRIC MOPED REBATE PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. Part I of this Act is
recommended by the governor for immediate passage in accordance with section 9
of article VII of the Constitution of the State of Hawaii.
SECTION 2.
Act 306, Session Laws of Hawaii 2022, added a new section to chapter
196, Hawaii Revised Statutes, that created the electric
bicycle and electric moped rebate program and appropriated $2,100,000 in
general funds to the highway development special fund electric
bicycle and electric moped subaccount to fund the rebate program
in fiscal year 2022-2023. However, such
moneys were never allotted. Act 306 also authorized
the department of transportation to contract with a third-party administrator
to operate and manage the rebate program. The purpose of the rebate program is to bring
economic relief to individuals by reducing the cost of living and cost of
transportation. Act 306, however, did
not include an appropriation out of the special fund to fund and implement the
rebate program. Emergency funding is
needed to fulfill the legislative intent of Act 306, Session Laws of Hawaii
2022.
The purposes of part I this Act are to make
an emergency appropriation to the department of transportation to authorize expenditure
of funds for the electric bicycle and electric moped rebate program, to
authorize the payment of rebates to individuals, and if necessary, to
authorize payment to a third-party administrator to operate and manage the
electric bicycle and electric moped rebate program.
SECTION 3. There
is appropriated out of the general revenues of the State of Hawaii the sum of
$2,100,000 or so much thereof as may be necessary for fiscal year 2022-2023 to
be deposited into the electric bicycle and electric moped special fund
established by part II of this Act.
The sum appropriated shall be expended by
the department of transportation for the purposes of Act 306, Session Laws of
Hawaii 2022, and this Act.
SECTION 4.
There is appropriated out of the electric bicycle and electric moped
special fund established by part II of this Act, the sum of $2,100,000 or so
much thereof as may be necessary for fiscal year 2022-2023 for the operations
of the electric bicycle and electric moped rebate program including the payment
of rebates and the costs of the administrator; provided that the department of
transportation cannot expend more than ten per cent of the total amount
appropriated for the department of transportation's administration of the
electric bicycle and electric moped rebate program; provided further that the
funds appropriated shall not lapse at the end of the fiscal year for which it
was appropriated, but any unencumbered funds remaining shall lapse on June 30,
2024.
The sum appropriated shall be expended by the
department of transportation for the purposes of Act 306, Session Laws of
Hawaii 2022, and this Act.
PART II
SECTION 5. Part II of this Act authorizes a third-party administrator to expend funds in the administration of the electric bicycle and electric moped rebate program and to pay the rebates to the rebate applicants; add a new section to chapter 264, Hawaii Revised Statutes, to establish within the state treasury the electric bicycle and electric moped special fund for the purposes of funding the rebate program established by Act 306, Session Laws of Hawaii 2022; and amend section 264-122(d), Hawaii Revised Statutes, and section 2 of Act 306, Session Laws of Hawaii 2022, to eliminate the highway development special fund electric bicycle and electric moped subaccount.
SECTION
6. Chapter 264, Hawaii Revised Statutes,
is amended by adding to part I a new section to be appropriately designated and
to read as follows:
"§264- Electric bicycle
and electric moped special fund. (a)
There is established in the state treasury the electric bicycle and
electric moped special fund to be administered by the department of
transportation, into which shall be deposited;
(1) Appropriations
made by the legislature to the fund; and
(2) Gifts,
grants, and donations to the fund.
(b)
Moneys in the electric bicycle and electric moped special fund shall be
used for the following purposes:
(1) Operating
expenses of the electric bicycle and electric moped rebate program;
(2) Rebates
for the electric bicycle and electric moped rebate program; and
(3) Costs
of a third-party administrator for the operation of the electric bicycle and electric
moped rebate program."
SECTION 7. Section 264-122, Hawaii Revised Statutes, is amended to read as follows:
"§264-122 Highway development special fund. (a) There
is established in the state treasury the highway development special fund to be
administered by the department, into which shall be deposited:
(l) Transfers
of county impact fees assessed under part VIII of chapter 46 and this part to
pay for state highway improvements;
(2) Interest
from investment of deposits; and
(3) Legislative
and county appropriations.
(b) Moneys
in the highway development special fund shall be used for the following
purposes:
(l) Capital
costs of qualifying proposed state highway improvements;
(2) Reevaluation of the need, geographic
limitations, amount, and use of impact fees;
(3) Transfers to reimburse other
special funds for expenditures which otherwise might have been funded with
moneys in the highway development special fund;
(4) Transfers under sections 36—27 and
36-30;
(5) Refunds under section 264—125;
and
(6) The department's costs to
implement this part, including but not limited to costs to administer the highway
development special fund.
(c) The
department may establish accounts in the highway development special fund as
necessary to implement this part and rules adopted by the department.
[(d)
There is established within the highway development special fund an
electric bicycle and electric moped subaccount. The department shall expend
moneys in the subaccount for the purposes of funding the electric bicycle and
electric moped rebate program established pursuant to section 196— .]"
SECTION 8. Act 306, Session Laws of Hawaii 2022, is amended by amending section 2 to read as follows:
"SECTION 2. Chapter 196, Hawaii Revised Statutes, is
amended by adding a new section to part I to be appropriately designated and to
read as follows:
"§196- Electric bicycle and electric moped rebate
program; third-party administrator; special fund. (a) The department of transportation shall
administer a rebate program that incentivizes the purchase of new electric
bicycles and new electric mopeds and may contract with a third—party
administrator pursuant to subsection (i) to operate and manage the rebate program.
(b) Each
eligible purchase of a new electric bicycle or new electric moped shall receive
a rebate of either twenty per cent of the retail cost or $500, whichever amount
is lower; provided that no individual shall receive more than $500 in total
rebates each fiscal year.
(c) The
department of transportation shall not issue more than $700,000 in total
rebates under this section each fiscal year; provided that the electric bicycle
and electric moped [subaccount within the highway development] special
fund pursuant to section 264-122(d) contains sufficient funds to pay the
rebates. The department of
transportation shall not be liable to pay any refund if sufficient funds are
unavailable. The department of
transportation shall allow valid claims filed by eligible applicants for whom
sufficient funds may not be immediately available to receive a rebate as funds
may be available in a subsequent year.
(d) The
department of transportation shall:
(1) Prepare
any forms that may be necessary for an applicant to claim a rebate pursuant to
this section; and
(2) Require
each applicant to furnish reasonable information to ascertain the validity of
the claim, including but not limited to the signature of the buyer and
individual responsible for the sale on behalf of a retail store at the time of
sale, a copy of valid government issued photo identification of the buyer at
the time of the sale, receipt of purchase, name and address of the retail
store, verification of eligibility, and any other documentation necessary to
demonstrate the legitimate purchase of a new electric bicycle or new electric
moped.
(e) This section shall apply to new:
(1) Electric
bicycles capable of speeds of no more than twenty—eight miles per hour; and
(2) Electric
mopeds,
purchased
at a retail store after July l, 2022.
(f) Applicants
shall submit an application to the department of transportation within twelve
months of the date of purchase to claim a rebate from the electric bicycle and electric moped rebate program. Failure to apply within twelve months of the
date of purchase shall constitute a waiver of the right to claim the rebate.
(g) Nothing
in this section shall alter taxes due on the original purchase. Any rebate received pursuant to this section
shall not be considered income for the purposes of state or county taxes.
(h) In
administering the electric bicycle and electric moped rebate program, the
department of transportation shall provide rebates to persons eighteen years or
older who:
(1) Are
eligible for:
(A) The Supplemental Nutrition Assistance Program;
(B) The
free and reduced price lunch program;
(C) Section
8 of the United States Housing Act of 1937, as amended; or
(D) Similar
low—income assistance programs identified by the department of transportation;
(2) Do not own a registered motor vehicle with four or more wheels, as demonstrated by an affidavit signed by the applicant at the time of sale of the new electric bicycle or electric moped, which may be audited by the department of transportation; or
(3) Are
enrolled
in school, community college, or university.
(i) The
department of transportation may contract with a third—party administrator to
operate and manage the electric bicycle and electric moped rebate program. The third—party administrator shall not be
deemed to be a "governmental body" as defined in section l03D—l04;
provided that all moneys transferred to the third-party administrator shall
have been appropriated by the legislature or shall be from moneys provided by
the federal government or private funding sources. The third-party administrator shall not expend
more than ten per cent of the amounts appropriated for the rebate program, or
any other reasonable percentage determined by the department of transportation,
for administration of the electric bicycle and electric moped rebate program.["]
(j) Should the department of transportation contract with a third-party administrator to administer the electric bicycle and electric moped rebate program, the third-party administrator shall be authorized to pay rebates to each rebate applicant from moneys transferred pursuant to subsection (i) from the electric bicycle and electric moped special fund."
SECTION
9. Statutory
material to be repealed is bracketed and stricken. New statutory
material is underscored.
SECTION 10. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
BY REQUEST |
Report Title:
Emergency appropriation; Department of Transportation; Electric Bicycle and Electric Moped Rebate Program; Electric Bicycle and Electric Moped Special Fund.
Description:
Makes an emergency appropriation into and from a newly established special fund to authorize funds for the Department of Transportation Highways Division's Electric Bicycle and Electric Moped Rebate Program. Authorizes the Department of Transportation to pay a third-party administrator to administer and pay the rebates to the applicants.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.